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Ex-lacrosse players can pursue lawsuit against Nifong (Can't use bankruptcy to hide)
Raleigh News & Observer ^ | May 27, 2008 | Anne Blythe

Posted on 05/27/2008 3:22:21 PM PDT by abb

DURHAM — Former District Attorney Mike Nifong will not be able to hide from a lawsuit in bankruptcy court, a federal judge ruled today.

The three exonerated lacrosse players who filed suit against the fallen prosecutor in October will be able to pursue their claims in federal civil court, Judge William L. Stocks ruled.

The ruling came more than a month after lawyers representing the players and Nifong presented their arguments in court.

Nifong was stripped of his law license and ousted from office last summer for his misconduct in the Duke lacrosse case.

Nifong was supposed to file a response to the players’ claims of malicious prosecution by Jan. 15. Instead, he filed for bankruptcy protection, listing potential debts of more than $180 million.

In late January, federal Judge James A. Beaty ordered that Nifong be dropped from the suit brought by Dave Evans, Collin Finnerty and Reade Seligmann, the three former Duke lacrosse players. The players fought phony gang-rape allegations for 13 months before the state attorney general declared them innocent of the charges against them.

Filing for bankruptcy puts any civil claims on hold while a bankruptcy judge sorts out the claims against the debtor.

Stocks said in his filing today that the bankruptcy court lacked the jurisdiction to hear the bulk of the players’ claims against Nifong.

In their lawsuit, the players allege that Nifong, the city of Durham, the DNA laboratory hired by Nifong and others associated with the case conspired to falsely charge them with gang-rape even though they knew that the allegations were “a total fabrication.”

anne.blythe@newsobserver.com or (919) 932-8471


TOPICS: Crime/Corruption; Extended News; News/Current Events; US: North Carolina
KEYWORDS: duke; dukelax; durham; nifong
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This just in.
1 posted on 05/27/2008 3:22:24 PM PDT by abb
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To: abner; Alia; beyondashadow; Bitter Bierce; bjc; Bogeygolfer; BossLady; Brytani; bwteim; Carling; ..

ping


2 posted on 05/27/2008 3:23:06 PM PDT by abb (Organized Journalism: Marxist-style collectivism applied to information sharing)
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To: abb

BURN his ASS!

):^(


3 posted on 05/27/2008 3:24:18 PM PDT by elcid1970 (My cartridges are dipped in pig grease.)
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To: abb

Good! This case is the perfect example of an overzealous prosecutor abusing his powers of discretion.


4 posted on 05/27/2008 3:24:58 PM PDT by IMissPresidentReagan ("If we were dog food, they'd take us off the shelf." Rep. Tom Davis on the "Republican Brand")
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To: abb

I would hound the young “lady” until the end of her days as well. Garnish her welfare.


5 posted on 05/27/2008 3:26:07 PM PDT by doodad
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To: IMissPresidentReagan

Combined with PC.


6 posted on 05/27/2008 3:26:57 PM PDT by rsobin
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To: abb

Has Nancy Grace ever admitted that she was wrong on this?


7 posted on 05/27/2008 3:27:41 PM PDT by SeanOGuano
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To: abb
There is a song by Filter called "Hey Man Nice Shot". It's about the January 22, 1987, public suicide of Pennsylvania state treasurer Budd Dwyer, who shot himself during a press conference with a .357 magnum.

So all I would say to Mr. Nifong is this: "Hey man. Nice shot."

8 posted on 05/27/2008 3:28:45 PM PDT by Lazamataz (Secondhand Aztlan Smoke causes drug addiction obesity in global warming cancer immigrant terrorists.)
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To: abb

The players should just tell Durham that they will take 10% of their tax and grants revenue for the rest of their lives. It will be cheaper for the city in the long run.


9 posted on 05/27/2008 3:29:18 PM PDT by heywoodubuzzoff (Electile Dysfuntion -- Can not get excited about any of the candidates.)
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To: SeanOGuano
Has Nancy Grace ever admitted that she was wrong on this?

No.

10 posted on 05/27/2008 3:30:14 PM PDT by abb (Organized Journalism: Marxist-style collectivism applied to information sharing)
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To: abb

Nail the gang of teachers and administrators who condemned the innocents as well. Rip their tenure out from their worthless asses.


11 posted on 05/27/2008 3:33:00 PM PDT by Proud_USA_Republican (We're going to take things away from you on behalf of the common good. - Hillary Clinton)
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To: All

The guy belongs in jail. This was discrimination at its’ worst.


12 posted on 05/27/2008 3:34:11 PM PDT by Sacajaweau ("The Cracker" will be renamed "The Crapper")
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To: SeanOGuano

She never admits she was wrong, and she’s wrong about 90% of the time.


13 posted on 05/27/2008 3:34:13 PM PDT by darkangel82 (If you're not part of the solution, you are part of the problem. (Say no to RINOs))
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To: abb

he should be in jail.


14 posted on 05/27/2008 3:35:46 PM PDT by Ron Jeremy (sonic)
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To: abb

Hey Nifong, You are screwed for the rest of your pathetic little life.These players should run him into the ground and use this as a way to send the message about wrongful prosecution.Somebody from a less than well to do family may not be so lucky.Lets face it these guys were put through the ringer and but for the wealth their families have could have gone to jail for a long,long time.


15 posted on 05/27/2008 3:35:52 PM PDT by HANG THE EXPENSE (Defeat liberalism, its the right thing to do for America.)
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To: abb

very rarely do I root for a huge lawsuit but in this case I hope they WIN BIG TIME


16 posted on 05/27/2008 3:39:40 PM PDT by Mr. K (Some days even my lucky rocketship underpants don't help)
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To: abb

didn’t the “lady” who made the allegations recently get a college degree (funded by Jesse Jackson?) SUE HIM AS WELL


17 posted on 05/27/2008 3:41:19 PM PDT by Mr. K (Some days even my lucky rocketship underpants don't help)
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To: doodad
I would hound the young “lady” until the end of her days as well. Garnish her welfare.

I'm only guessing they wouldn't persue anything civil or criminal action against her because they feel she is incompetent, for the lack of a better term.

The city of Durham, Duke University, the DBM, ought to pay for these kids lives and lifestyles for the rest of they're existance!

Remember, it wasn't just Nifong that persued these charges others knew these kids were innocent.

18 posted on 05/27/2008 3:41:23 PM PDT by sirchtruth (Yes, Chef!)
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To: heywoodubuzzoff

They’ll be able to sue for certain Durham citizens’ reparations money that will be available when Obama enacts reparations into being!


19 posted on 05/27/2008 3:44:13 PM PDT by mdmathis6
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To: Mr. K

Yes, from NCCU in Durham. Jackson did not pay, to my knowledge even though he said he would.


20 posted on 05/27/2008 3:44:36 PM PDT by abb (Organized Journalism: Marxist-style collectivism applied to information sharing)
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